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EXPORT-IMPORT BANK OF THE  UNITED STATES
FOIA ANNUAL REPORT
FOR
October 1, 2012 THROUGH September 30, 2013


Tuesday, February 11, 2014

The following Annual Freedom of Information Act (FOIA) Report covers the
period of October 1, 2012 through September  30, 2013, as required by 5 U.S.C. 552.

  1.  BASIC  INFORMATION REGARDING REPORT
  1.  Name, title, address, and  telephone number of person(s) to be contacted with questions about this Report:

David M. Sena, Chief FOIA Officer
Export-Import Bank of the United States
811 Vermont Avenue, N.W.
Washington, D.C. 20571
(202) 565-3272
david.sena@exim.gov

Dawn R. Kral, FOIA Public Liaison
Export-Import Bank of the United States
811 Vermont Avenue, N.W.
Washington, D.C. 20571
(202) 565-3248
dawn.kral@exim.gov

 

 2. Electronic link for access to the Report on the agency Web site:

 
  

 //www.exim.gov/about/foia/annual-reports

  

 3. To receive a "hard copy" of this Report, contact either of the above-named individuals.

 
  
  
  
  1.  MAKING A FOIA REQUEST
  1.  All FOIA requests are received and processed at the following address:

 Export-Import Bank of the United States
Freedom of Information Act Office
811 Vermont Avenue, N.W.
Washington, D.C. 20571

   
  
  1. Brief description of why some requests are not granted:

 Ex-Im Bank most commonly withholds information pursuant to FOIA Exemptions (b)(4) and
(b)(5). Exemption (b)(4) is mostly applied to information received as part of Ex-Im Bank's review
of credit applications. The information is received from buyers, commercial financial institutions,
suppliers, and other private sector entities and is sensitive and business confidential in nature.
Exemption (b)(5) is generally applied to staff correspondence generated during the credit review
process, and to pre-decisional memoranda prepared for the Bank's Board of Directors containing
staff analyses and recommendations.

  1.  ACRONYMS, DEFINITIONS AND EXEMPTIONS
   
  
  
 

1.

Agency-specific acronyms or terms used in this Report: None.

   
 

2.

Definitions of terms used in this Report:

   
  

a.

Administrative Appeal - a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.

    
  

b.

Average Number - the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.

    
  

c.

Backlog - the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response.

    
  

d.

Component - for agencies that process requests on a decentralized basis, a "component" is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency.

    
  

e.

Consultation - the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it. That agency, in turn, will then respond to the FOIA requester.

    
  

f.

Exemption 3 Statute - a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA.

    
  

g.

FOIA Request - a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a "third-party" request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., "first-party" requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act "systems of records" or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report.

Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)

    
  

h.

Full Grant - an agency decision to disclose all records in full in response to a FOIA request.

    
  

i.

Full Denial - an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.

    
  

j.

Median Number - the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.

    
  

k.

Multi-Track Processing - a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis.

    
   

i.

Expedited Processing - an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations.

     
   

ii.

Simple Request - a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested.

     
   

iii.

Complex Request - a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested.

     
  

l.

Partial Grant/Partial Denial - in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason.

    
  

m.

Pending Request or Pending Administrative Appeal - a request or administrative appeal for which an agency has not taken final action in all respects.

    
  

n.

Perfected Request - a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.

    
  

o.

Processed Request or Processed Administrative Appeal - a request or administrative appeal for which an agency has taken final action in all respects.

    
  

p.

Range in Number of Days - the lowest and highest number of days to process requests or administrative appeals.

    
  

q.

Time Limits - the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).

    
 

3.

Include the following concise descriptions of the nine FOIA exemptions:

   
  

a.

Exemption 1: classified national defense and foreign relations information

    
  

b.

Exemption 2: internal agency rules and practices

    
  

c.

Exemption 3: information that is prohibited from disclosure by another federal law

    
  

d.

Exemption 4: trade secrets and other confidential business information

    
  

e.

Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges

    
  

f.

Exemption 6: information involving matters of personal privacy

    
  

g.

Exemption 7: records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual

    
  

h.

Exemption 8: information relating to the supervision of financial institutions

    
  

i.

Exemption 9: geological information on wells

    

3. Agency  Component Abbreviations

 

Component Abbreviation

Component Name

HQ

Headquarters

  

 

 

 

IV. Exemption 3 Statutes


Statute

Type of Information
Withheld

Case Citation

Agency / Component

Number of Times
Relied upon
by Agency / Component

Total Number of
Times Relied upon
by Agency Overall

N/A

N/A

N/A

HQ

0

0

   

 

 

     



V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING  FOIA REQUESTS


Agency / Component

Number of Requests
Pending as of Start
of Fiscal Year

Number of
Requests Received
in Fiscal Year

Number of
Requests Processed
in Fiscal Year

Number of Requests
Pending as of End
of Fiscal Year

HQ

44

45

51

38

 

 

 

 

0

AGENCY OVERALL

44

45

51

38



V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL  PROCESSED REQUESTS


Agency / Component

Number of Full Grants

Number of Partial Grants / Partial Denials

Number of Full Denials Based on Exemptions

Number of Full Denials Based on Reasons Other than    Exemptions

 

No Records

All Records Referred to Another Component or    Agency

Request Withdrawn

Fee-Related Reason

Records not Reasonably Described

Improper FOIA Request for Other Reason

Not Agency Record

Duplicate Request

Other *Explain in Chart Below

TOTAL

HQ

16

20

4

4

0

3

4

0

0

0

0

0

51

 

 

 

 

 

 

 

 

 

 

 

 

 

0

AGENCY OVERALL

16

20

4

4

0

3

4

0

0

0

0

0

51



V.B.(2). DISPOSITION OF FOIA REQUESTS --  "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN  EXEMPTIONS"


Agency / Component

Description of "Other" Reasons for    Denials from Chart B(1)

Number of Times "Other" Reason Was    Relied Upon

TOTAL

HQ

N/A

0

0

 

 

AGENCY OVERALL

  

0

   

 



V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF  TIMES EXEMPTIONS APPLIED


Agency / Component

Ex. 1

Ex. 2

Ex. 3

Ex. 4

Ex. 5

Ex. 6

Ex. 7(A)

Ex. 7(B)

Ex. 7(C)

Ex. 7(D)

Ex. 7(E)

Ex. 7(F)

Ex. 8

Ex. 9

HQ

0

0

0

18

14

8

1

0

1

0

1

0

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

0

0

0

18

14

8

1

0

1

0

1

0

0

0



VI.A. ADMINISTRATIVE APPEALS OF INITIAL  DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING  ADMINISTRATIVE APPEALS


Agency / Component

Number of Appeals
Pending as of Start
of Fiscal Year

Number of
Appeals Received
in Fiscal Year

Number of
Appeals Processed
in Fiscal Year

Number of Appeals
Pending as of End
of Fiscal Year

HQ

1

3

2

2

 

 

 

 

0

AGENCY OVERALL

1

3

2

2

 

 

The number of pending appeals at the end of    FY 2012 was actually 1. An appeal's completion was not reported to the FOIA    Office so it showed up as pending.

 
 


VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL  PROCESSED APPEALS


Agency / Component

Number Affirmed on Appeal

Number Partially Affirmed & Partially    Reversed/Remanded on Appeal

Number Completely Reversed/Remanded on Appeal

Number of Appeals Closed for Other Reasons

TOTAL

HQ

1

1

0

0

2

 

 

 

 

 

0

AGENCY OVERALL

1

1

0

0

2



VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF  TIMES EXEMPTIONS APPLIED


Agency / Component

Ex. 1

Ex. 2

Ex. 3

Ex. 4

Ex. 5

Ex. 6

Ex. 7(A)

Ex. 7(B)

Ex. 7(C)

Ex. 7(D)

Ex. 7(E)

Ex. 7(F)

Ex. 8

Ex. 9

HQ

0

0

0

1

1

0

0

0

0

0

0

0

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

0

0

0

1

1

0

0

0

0

0

0

0

0

0



VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS  OTHER THAN EXEMPTIONS


Agency / Component

No Records

Records Referred at Initial Request Level

Request Withdrawn

Fee-Related Reason

Records not Reasonably Described

Improper Request for Other Reasons

Not Agency Record

Duplicate Request or Appeal

Request in Litigation

Appeal Based Solely on Denial of Request for    Expedited Processing

Other *Explain in chart below

HQ

0

0

0

0

0

0

0

0

0

0

0

 

 

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

0

0

0

0

0

0

0

0

0

0

0



VI.C.(3). REASONS FOR DENIAL ON APPEAL --  "OTHER" REASONS


Agency / Component

Description of "Other" Reasons for    Denial on Appeal from Chart C(2)

Number of Times "Other" Reason Was    Relied Upon

TOTAL

HQ

N/A

0

0

 

 

AGENCY OVERALL

  

0

   

 



VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS


Agency / Component

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

HQ

66.00

66.00

44.00

88.00

 

 

 

 

 

AGENCY OVERALL

66.00

66.00

44.00

88.00



VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS


Agency / Component

 

10th Oldest Appeal

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest Appeal

HQ

Date of Appeal

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

2013-08-30

2010-11-15

Number of Days Pending

0

0

0

0

0

0

0

0

20

722

 

Date of Appeal

 

 

 

 

 

 

 

 

 

 

Number of Days Pending

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

Date of Appeal

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

2013-08-30

2010-11-15

Number of Days Pending

0

0

0

0

0

0

0

0

20

722



VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL  PROCESSED PERFECTED REQUESTS


Agency / Component

SIMPLE

COMPLEX

EXPEDITED PROCESSING

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

HQ

59

82.2

1

257

277

318.19

44

786

N/A

N/A

N/A

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

59

82.2

1

257

277

318.19

44

786

N/A

N/A

N/A

N/A



VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR  PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED


Agency / Component

SIMPLE

COMPLEX

EXPEDITED PROCESSING

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

HQ

25.5

65.67

1

221

352.5

366.06

44

786

N/A

N/A

N/A

N/A

 

 

 

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

25.5

65.67

1

221

352.5

366.06

44

786

N/A

N/A

N/A

N/A



VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN  DAY INCREMENTS


Agency / Component

<1-20
Days

21-40
Days

41-60
Days

61-80
Days

81-100 Days

101-120 Days

121-140 Days

141-160 Days

161-180 Days

181-200 Days

201-300 Days

301-400 Days

401+
Days

TOTAL

HQ

9

3

1

2

1

1

1

2

1

2

2

0

0

25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

AGENCY OVERALL

9

3

1

2

1

1

1

2

1

2

2

0

0

25



VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN  DAY INCREMENTS


Agency / Component

<1-20
Days

21-40
Days

41-60
Days

61-80
Days

81-100 Days

101-120 Days

121-140 Days

141-160 Days

161-180 Days

181-200 Days

201-300 Days

301-400 Days

401+
Days

TOTAL

HQ

0

0

1

1

1

0

1

1

2

1

6

5

7

26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

AGENCY OVERALL

0

0

1

1

1

0

1

1

2

1

6

5

7

26

 

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED  PROCESSING -- RESPONSE TIME IN DAY INCREMENTS


Agency / Component

<1-20
Days

21-40
Days

41-60
Days

61-80
Days

81-100 Days

101-120 Days

121-140 Days

141-160 Days

161-180 Days

181-200 Days

201-300 Days

301-400 Days

401+
Days

TOTAL

HQ

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0

AGENCY OVERALL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 

VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED  REQUESTS


Agency / Component

SIMPLE

COMPLEX

EXPEDITED PROCESSING

Number Pending

Median Number of Days

Average Number of Days

Number Pending

Median Number of Days

Average Number of Days

Number Pending

Median Number of Days

Average Number of Days

HQ

14

132

173

24

265

255.96

0

N/A

N/A

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

14

132

173

24

265

255.96

0

N/A

N/A



VII.E. PENDING REQUESTS -- TEN OLDEST PENDING  PERFECTED REQUESTS


Agency / Component

 

10th Oldest Request

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest Request

HQ

Date of Receipt

2012-06-15

2012-06-04

2012-05-07

2012-03-22

2012-03-12

2012-02-10

2012-01-30

2012-01-10

2011-01-14

2010-08-09

Number of Days Pending

324

333

352

384

392

412

421

434

681

789

 

Date of Receipt

 

 

 

 

 

 

 

 

 

 

Number of Days Pending

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

Date of Receipt

2012-06-15

2012-06-04

2012-05-07

2012-03-22

2012-03-12

2012-02-10

2012-01-30

2012-01-10

2011-01-14

2010-08-09

Number of Days Pending

324

333

352

384

392

412

421

434

681

789



VIII.A. REQUESTS FOR EXPEDITED PROCESSING


Agency / Component

Number Granted

Number Denied

Median Number of Days to Adjudicate

Average Number of Days to Adjudicate

Number Adjudicated Within Ten Calendar Days

HQ

0

1

41

41

0

 

 

 

 

 

 

AGENCY OVERALL

0

1

41

41

0

 

 
 


VIII.B. Requests for Fee Waiver


Agency / Component

Number Granted

Number Denied

Median Number of Days to Adjudicate

Average Number of Days to Adjudicate

HQ

4

0

1

1

 

 

 

 

 

AGENCY OVERALL

4

0

1

1



IX. FOIA Personnel and Costs


Agency / Component

PERSONNEL

COSTS

Number of "Full-Time FOIA Employees"

Number of "Equivalent Full-Time FOIA    Employees"

Total Number of "Full-Time FOIA Staff"

Processing Costs

Litigation-Related Costs

Total Costs

HQ

1

0.85

1.85

$256,533.06

$0.00

$256,533.06

 

 

 

0

 

 

$0.00

AGENCY OVERALL

1

0.85

1.85

$256,533.06

$0.00

$256,533.06



X.    Fees Collected for Processing Requests


Agency / Component

Total Amount of Fees Collected

Percentage of Total Costs

HQ

$1,041.10

0.41%

 

 

 

AGENCY OVERALL

$1,041.10

0.41%

 

 

XI. FOIA Regulations (Including Fee Schedule)

Ex-Im Bank's FOIA Regulations    can be found at the following Web address:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div6&view=text&node=12:5.0.2.3.3.1&idno=12

XII.A. Backlogs of FOIA Requests and Administrative Appeals


Agency / Component

Number of Backlogged Requests as of End of Fiscal    Year

Number of Backlogged Appeals as of End of Fiscal    Year

HQ

32

1

 

 

 

AGENCY OVERALL

32

1



XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED,  PROCESSED, AND PENDING CONSULTATIONS


Agency / Component

Number of Consultations Received from Other    Agencies that werePending at the Agency as of Start
of the Fiscal Year

Number of
Consultations Receivedfrom Other Agencies During the Fiscal Year

Number of Consultations Received from Other    Agencies that were Processed by the Agency During the Fiscal Year

Number of Consultations Received from Other    Agencies that werePending at the Agency as of End
of the Fiscal Year

HQ

0

0

0

0

 

 

 

 

0

AGENCY OVERALL

0

0

0

0



XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST  CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCY


Agency / Component

 

10th Oldest Consultation

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest Consultation

HQ

Date

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Number of Days

0

0

0

0

0

0

0

0

0

0

 

Date

 

 

 

 

 

 

 

 

 

 

Number of Days

 

 

 

 

 

 

 

 

 

 

AGENCY OVERALL

Date

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Number of Days

0

0

0

0

0

0

0

0

0

0



XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM  PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND PROCESSED


Agency / Component

NUMBER OF REQUESTS RECEIVED

NUMBER OF REQUESTS PROCESSED

Number Received During Fiscal Year from Last    Year's Annual Report

Number Received During Fiscal Year from Current    Annual Report

Number Processed During Fiscal Year from Last    Year's Annual Report

Number Processed During Fiscal Year from Current    Annual Report

HQ

62

45

47

51

 

 

 

 

 

AGENCY OVERALL

62

45

47

51

 

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM  PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED REQUESTS


Agency / Component

Number of Backlogged Requests as of End of the    Fiscal Year from Previous Annual Report

Number of Backlogged Requests as of End of the    Fiscal Year from Current Annual Report

HQ

38

32

 

 

 

AGENCY OVERALL

38

32



XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE  APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED AND  PROCESSED


Agency / Component

NUMBER OF APPEALS RECEIVED

NUMBER OF APPEALS PROCESSED

Number Received During Fiscal Year from Last    Year's Annual Report

Number Received During Fiscal Year from Current    Annual Report

Number Processed During Fiscal Year from Last    Year's Annual Report

Number Processed During Fiscal Year from Current    Annual Report

HQ

1

3

1

2

 

 

 

 

 

AGENCY OVERALL

1

3

1

2

 

 

In FY 2012, one appeal was processed and    one was backlogged. This is because one appeal was completed, but not    reported to the FOIA office.

 
 


XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE  APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS


Agency / Component

Number of Backlogged Appeals as of End of the    Fiscal Year from Previous Annual Report

Number of Backlogged Appeals as of End of the    Fiscal Year from Current Annual Report

HQ

1

1

 

 

 

AGENCY OVERALL

1

1

 

 
 

F. Discussion of Other FOIA Activities (Optional)
Ex-Im Bank hired one full-time FOIA    Contractor in FY 2013 to assist with processing requests and reducing the    backlog.